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A BILL TO BE ENTITLED
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AN ACT
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relating to certain rights of witnesses who appear before a grand |
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jury; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 20.011(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Only the following persons may be present in a grand |
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jury room while the grand jury is conducting proceedings: |
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(1) grand jurors; |
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(2) bailiffs; |
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(3) the attorney representing the state; |
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(4) witnesses while being examined or when necessary |
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to assist the attorney representing the state in examining other |
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witnesses or presenting evidence to the grand jury; |
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(5) interpreters, if necessary; |
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(6) a stenographer or person operating an electronic |
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recording device, as provided by Article 20.012; [and] |
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(7) a person operating a video teleconferencing system |
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for use under Article 20.151; and |
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(8) an attorney representing a witness, including a |
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witness who is an accused or suspected person, during the time the |
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witness is being examined or offering testimony to the grand jury |
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and for the sole purpose of providing consultation in the manner |
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described by Article 20.03(c). |
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SECTION 2. Article 20.02, Code of Criminal Procedure, is |
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amended by adding Subsection (i) to read as follows: |
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(i) An attorney representing a witness may not disclose |
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anything transpiring before the grand jury. An attorney who |
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discloses information in violation of this subsection is subject to |
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punishment for contempt in the same manner as a person who violates |
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Subsection (b). |
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SECTION 3. Article 20.03, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 20.03. ATTORNEY [REPRESENTING STATE] ENTITLED TO |
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APPEAR. (a) In this chapter, "attorney ["The attorney] |
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representing the state [State]" means the attorney general |
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[Attorney General], district attorney, criminal district attorney, |
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or county attorney. |
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(b) The attorney representing the state [State,] is |
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entitled to go before the grand jury and inform the grand jurors |
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[them] of offenses liable to indictment at any time except when the |
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grand jury is: |
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(1) [they are] discussing the propriety of finding an |
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indictment; or |
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(2) voting on an indictment [upon the same]. |
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(c) A witness who testifies before a grand jury, including a |
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witness who is an accused or suspected person, is entitled to have |
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an attorney present while the grand jury is questioning the |
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witness. The grand jury shall permit the attorney or the witness to |
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interrupt the questioning at any time so that the witness may |
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consult with the attorney outside the hearing of the grand jury. |
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SECTION 4. The change in law made by this Act applies only |
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to a grand jury proceeding that begins on or after the effective |
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date of this Act. A grand jury proceeding that begins before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding began, and the former law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |